DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0554-19 Ref: Signature date Dear , This is in reference to your application of 1 March 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board, sitting in executive session, considered your application on 21 May 2020. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 25 March 2020 and Director CORB letter 1910 CORB: 001 of 10 April 2020; copies of which were previously provided to you for comment. A review of your record shows that you entered active duty with the Marine Corps in January 2009. While deployed in July 2012, you suffered injuries to your spleen, small intestines, and right lower extremities due to exposure to an Improvised Explosive Device blast. You were treated for your injuries and discharged from the Marine Corps on 20 January 2013 at the completion of your required active service. Post-discharge, the Department of Veterans Affairs (VA) rated you for a number of service connected disability conditions including shrapnel wounds, Adjustment disorder, Low back/abdomen, Left tricep, Right calf, Left tibia, Left rib cage, Anterior trunk, and several other claims for a combined 70% rating. The Board carefully considered your arguments that you were unfit for continued Naval service at the time of your discharge due to physical and psychological conditions and should have been placed on the disability retirement list. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinions contained in Senior Medical Advisor CORB letter 1910 CORB: 002 of 25 March 2020 and Director CORB letter 1910 CORB: 001 of 10 April 2020. Specifically, the Board concluded that the preponderance of the evidence did not support a finding that you were unfit for continued Naval service at the time of your discharge from the Marine Corps. In order to be found unfit for continued Naval service, a service member must be unable to perform the duties of their office, grade, rank or rating due to a qualifying disability condition. As pointed out in the advisory opinions, you were medically screened on 12 January 2013 and released without limitations just prior to your discharge from the Marine Corps. Additionally, the Board noted that you were examined by mental health on 31 October 2012 and found to be doing well psychologically. The only evidence of possible unfitness was a 5 November 2012 medical note that documented lower abdominal discomfort related to pressure your belt buckle placed on your scar. The Board determined that the preponderance of the medical evidence supported the Marine Corps’ decision not to refer you to the Disability Evaluation System (DES) and to discharge you at the end of your obligated active service. The Board also considered your post-discharge employment record and determined it also supports the decision not to refer you to the DES. VA records document that you deployed to and separately as a military working dog contractor and security contractor. In the Board’s opinion, this was strong additional evidence that you were fit for continued active duty at the time of your discharge from the Marine Corps based on your ability to deploy twice to a combat zone after your release from active duty to perform similar duties as your Military Occupational Specialty. Regarding your VA ratings, the Board determined they were not persuasive on the issue of unfitness since eligibility for compensation and pension disability ratings by the VA is tied to the establishment of service connection and is manifestation-based without a requirement that unfitness for military duty be demonstrated. As discussed above, the Board found sufficient evidence to support a finding that you were, more likely than not, fit for active duty at the time of your discharge. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 6/15/2020